Narrative Opinion Summary
On November 6, 2019, the Court of Appeals for the Eighth District of Texas issued an order for mediation in the case of Triple Crown Moving and Storage, LLC v. Jeff Ackerman. The order mandated that both parties attempt to agree on a qualified mediator within twenty days and report back to the Court with the mediator's details. As of December 6, 2019, the Appellant informed the Court that an agreement on a mediator could not be reached. Consequently, the Court has ordered the continuation of the appeal, lifted the suspension of the appellate timetable, and required the Record to be filed by January 8, 2020. The order was issued on December 9, 2019, and is signed by the presiding judges.
Legal Issues Addressed
Failure to Agree on Mediatorsubscribe to see similar legal issues
Application: When the parties cannot agree on a mediator, the appellate process continues, indicating that the court will proceed with normal appellate procedures in the absence of an agreement.
Reasoning: As of December 6, 2019, the Appellant informed the Court that an agreement on a mediator could not be reached.
Order for Mediation in Appellate Proceedingssubscribe to see similar legal issues
Application: The Court of Appeals mandated mediation between the parties to attempt resolution before proceeding with the appeal, showing the court's preference for dispute resolution outside of the courtroom.
Reasoning: The order mandated that both parties attempt to agree on a qualified mediator within twenty days and report back to the Court with the mediator's details.
Resumption of Appellate Timetablesubscribe to see similar legal issues
Application: The suspension of the appellate timetable was lifted following the unsuccessful mediation attempt, demonstrating the court's procedural response to mediation outcomes.
Reasoning: Consequently, the Court has ordered the continuation of the appeal, lifted the suspension of the appellate timetable, and required the Record to be filed by January 8, 2020.